Décisions commentées en droit foncier : servitudes, bornage, urbanisme, permis de construire, expropriation — par Maître Cécile Zakine, Docteur en Droit
768 articles trouvés
The Court of Cassation recalls that land benefiting from a tolerated passage, even if precarious, is not landlocked as long as that tolerance is maintained. A key decision for owners of land without direct access to the public highway, particularly in Saint-Lô, Carentan and the Manche region.
Juridiction: cc
Date: 16/06/1981
A 1983 ruling of the Court of Cassation clarifies that a right of way for a landlocked property remains legal even if its route has been fixed by a sale deed. Explanations for owners and buyers.
Juridiction: cc
Date: 13/12/1983
An appeal lies against a judgment which dismisses a claim seeking a declaration that, due to the cessation of the landlocked status, a right of way easement contained in a deed of gift and partition in favour of the landlocked land has been extinguished, without examining whether that deed had the sole purpose of fixing the route and arrangements for the passage.
Juridiction: cc
Date: 10/07/1984
The Court of Cassation recalls that when an owner requests a right of way for their landlocked property, the judge must determine the shortest possible route, even if all neighbours are present. A decision that secures access, particularly in Bray-Dunes and Téteghem.
Juridiction: cc
Date: 23/04/1992
The Court of Cassation reminds that the purchase of neighbouring plots by the owner of an enclosed plot can bring the enclave to an end if minimal works suffice to access the public highway. Analysis of the judgment of 30 June 1981 and practical advice for owners.
Juridiction: cc
Date: 30/06/1981
A landlocked owner can take legal action to assert their right of way even without a written deed: the Court of Cassation reminds that the state of being landlocked constitutes the legal title. Key decision for any owner blocked by a neighbour.
Juridiction: cc
Date: 15/05/1974
The Court of Cassation reminds that an interlocutory judgment which expressly reserves all rights and claims of the parties does not have the authority of res judicata. Thus, even after an investigative measure ordered by a first judgment that has become final, a possessory action (action en complainte) remains admissible if it alleges disturbances in the exercise of a right of way. The state of being landlocked constitutes the title allowing the possessory action, without violating the rule of non-cumulation of possessory and petitory actions.
Juridiction: cc
Date: 03/06/1975
The Court of Cassation confirms that judges may authorise motor vehicle passage over an easement originally intended for pedestrians and carts, if the purpose of the dominant tenement justifies it. Analysis for owners and neighbours.
Juridiction: cc
Date: 25/06/1970
A 1974 ruling of the French Supreme Court (Cour de cassation) reminds us that a right of way based on a landlocked state is automatically extinguished when the land is no longer landlocked. This decision, still relevant today, affects many property owners in France, particularly in the Puy-de-Dôme region. Concrete explanations follow.
Juridiction: cc
Date: 16/07/1974
An owner whose land is landlocked has a right of way over a neighbour's land, but this right of way must be as short as possible. The Court of Cassation reminds that a longer route cannot be imposed if a shorter one exists. Explanations and practical advice.
Juridiction: cc
Date: 08/07/1974
The judgment of the Cour de cassation of 25 June 1997 clarifies that the owner of an enclosed plot may obtain a right of way over the neighbouring land as long as the use of the land is normal, even for building. Discover the criteria and practical tips to avoid disputes.
Juridiction: cc
Date: 25/06/1997
A 1970 ruling of the Court of Cassation recalls that the possessory judge has sole discretion to assess the existence of a landlocked situation, a condition for bringing a possessory action. Analysis for owners and neighbours.
Juridiction: cc
Date: 05/11/1970
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